ENROLLED
H. B. 2730
(By Delegates Staton, Michael, Douglas,
Varner and Beane)
[Passed March 13, 1999; in effect July 1, 1999.]
AN ACT to amend article three, chapter five-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section ten-a; and to
amend and reenact section twenty-two of said article, all
relating to awarding state agency and legislative contracts;
providing that no contract may be awarded or renewed where a
vendor has a delinquency regarding any state debts; setting
forth definitions; setting forth exceptions; and requiring
self-reporting affidavit.
Be it enacted by the Legislature of the State of West Virginia:
That article three, chapter five-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by thereto a new section, designated section ten-a; and
that section twenty-two of said article be amended and reenacted, all to read as follows:
ARTICLE 3. PURCHASING DIVISION.
§5A-3-10a. Prohibition for awarding contracts to vendors which owe
a debt to the state.
(a) Unless the context clearly requires a different meaning,
for the purposes of this section the terms:
(1) "Debt" means any assessment, penalty, fine, tax or other
amount of money owed to the state because of an judgement, fine,
permit violation, license assessment, penalty or other assessment
presently due and required to be paid to the state or any of its
political subdivisions, including any interest or additional
penalties accrued thereon;
(2) "Debtor" means any individual, corporation, partnership,
association, limited liability company or any other form or
business association owing a debt to the state or any of its
political subdivisions;
(3) "Related party" means a party, whether a individual,
corporation, partnership, association, limited liability company or
any other form or business association or other entity whatsoever
related to any vendor by blood, marriage, ownership or contract
through which the party has a relationship of ownership or other
interest with the vendor, so that the party will actually or by
effect receive or control a portion of the benefit, profit or other
consideration from performance of a vendor contract with the party receiving an amount that meets or exceeds five percent of the total
contract amount.
(b) No contract or renewal of any contract may be awarded
under this article to any vendor or prospective vendor when the
vendor or prospective vendor or a related party to the vendor or
prospective vender is a debtor as defined in this section and the
debt owed is an amount greater than five thousand dollars in the
aggregate.
(c) The prohibition of this section does not apply where a
vendor has contested any tax administered pursuant to chapter
eleven of this code, workers' compensation premium, permit fee or
environmental fee or assessment, and the matter has not become
final, or where the vendor has entered into a payment plan or
agreement and the vendor is not in default of any of the provisions
of such plan or agreement.
(d) All bids submitted under this article shall include an
affidavit that the bidder and all related parties do not owe any
debts or, if a debt is owed, that the provisions of subsection (c)
of this section apply.
§5A-3-22. Legislative printing.
Notwithstanding any other provision of this article, the
letting of all contracts for legislative printing shall be subject
only to the provisions of this section.
Upon request of the Legislature, or either house thereof, all contracts for legislative printing shall be let on competitive bids
by the director to the lowest responsible bidder. No vendor, or
prospective vendor, may be deemed eligible for any contract under
this section if the vendor owes a debt to the state as provided for
in section ten-a of this article. Each such contract shall be
subject to the approval of the governor, and in case of his
disapproval the contract shall be relet on competitive bids
submitted in the same manner as the original bids on the contract
that was disapproved. Each bid on every such contract shall be
within the maximum limits that may be fixed from time to time by
concurrent resolution of the Legislature. The clerk of the Senate
and the clerk of the House of Delegates shall have exclusive
control of all printing authorized by their respective legislative
bodies, and shall approve the specifications included in any
contract before an invitation for bids is released by the director
of purchasing. Before presenting for payment any bill for such
legislative printing, the printer shall have the same approved by
the purchasing division as correct and according to contract
specifications. A copy of all bills for legislative printing shall
be furnished the clerk of the house for which such printing was
done. When properly approved bills are presented to the clerk of
the Senate, or to the clerk of the House of Delegates, he shall
draw his requisition upon the auditor in the amount of the bill,
payable from the legislative printing fund, and the auditor shall honor the requisition and issue to the printer a state draft
therefor.